Professional Documents
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Schools, and Public Charitable Institutions or Centers Same Is Located
Schools, and Public Charitable Institutions or Centers Same Is Located
Contents of a petition for The Solicitor General or his represenatative, on If he did not reside in the
escheat: behalf of the Republic of the Pilippines, may file a Philippines, the petition
1. Fact that the deceased petition for escheat in the RTC of the province may be filed in the province
died intestate, seized of real where the deceased last resided in ehich he had estate
property in the Philippines
2. Fact that he has no heir or
If the petition is sufficient, the court shall fix the date and
person entitled by law to the
place for the hearing by an order reciting the purpose of
property
the petition. The date of the hearing shall not be more
3. Prayer that the estate be
than 6 months after the entry of the order
declared escheated
HEARING
Upon a showing that the order has been published as
directed, the court will determine whether or not the
deceased has died intestate, seized of real or personal
property in the Philippines, with no heir
JUDGMENT
If the court does not fin sufficient cause to the contrary, it
shall adjudge that the estate of the deceased, after
payment of just debts and charges, shall escheat
END
An express trust is
Filing of petition for
created through a Notice to all persons Appointment of the Filing of bond of
the appointment of a
will or a written interested trustee trustee
trustee
instrument
The proper RTC may, after notice, may The trustee under a written
END
appoint a new trustee/s, who shall have instrument declines, resigns, dies,
Entering on the duties
the same powers, rights and duties as if or is removed before the objects of
of the trust
he had been originally appointed the trust are accomplished
The proper RTC may, after notice, The testator has omitted in his will to
appoint a trustee who shall have the same appoint a trustee, and such
rights, powers and duties as if he had appointment is necessary to carry
been appointed by the testator into effect the provisions of the will